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Firm behind climate lawsuits faces DOJ referral after court finds ‘misconduct bordering on criminal’

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Firm behind climate lawsuits faces DOJ referral after court finds ‘misconduct bordering on criminal’

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A federal judge’s extraordinary decision to refer Hagens Berman to the Department of Justice for possible unlawful conduct escalated to an appeals court this week, marking one of the toughest challenges yet for a high-profile law firm known, in part, for its aggressive climate litigation.

The referral came as part of a lawsuit that Hagens Berman brought related to a separate topic, alleged drug-related injuries, and involved Judge Paul Diamond taking the rare step of asking the DOJ to review whether Hagens Berman acted unlawfully.

Diamond noted in an order on Dec. 2 that a court-appointed lawyer, known as a special master, found Hagens Berman engaged in a yearslong effort to bring “fraudulent” complaints in the case in the Eastern District of Pennsylvania. Hagens Berman also obstructed discovery and “doctored evidence,” the special master found. The order noted that the firm’s apparent “misconduct bordering on criminal” warranted the DOJ’s involvement.

TOP ENERGY GROUP CALLS FOR PROBE INTO SECRETIVE ‘NATIONAL LAWFARE CAMPAIGN’ TO INFLUENCE JUDGES ON CLIMATE

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The Department of Justice headquarters on Feb. 19, 2020, in Washington, D.C. (Drew Angerer)

Hagens Berman has aggressively pushed back on the allegations and turned to the U.S. Court of Appeals for the 3rd Circuit for relief. The firm accused the judge of bias, noting it had recently sought Diamond’s recusal from the case and claiming the judge could be retaliating.

“To rebut the charge in the court below would risk fomenting even greater ire of the district judge—ire that would be calamitous for petitioners’ clients,” Hagens Berman lawyers wrote. “To remain silent is to permit a baseless accusation leveled by an Article III judge no less, to hang like a dark, ignominious cloud over petitioners’ professional reputation.”

The clash comes as Hagens Berman continues positioning itself as a go-to firm for high-risk litigation, including environmental cases, even as its track record in that arena shows mixed results.

Last month, the firm filed a class-action lawsuit on behalf of Washington state homeowners against ExxonMobil, Shell, Chevron and other fossil fuel companies. The suit alleges the companies sparked a rise in natural disasters that has driven up homeowners’ insurance premiums and claims they mounted a “coordinated and deliberate scheme to hide the truth about climate change and the effects of burning fossil fuels.”

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Fuel prices at a Shell gas station in Burien, Washington, on Wednesday, March 9, 2022. (Chona Kasinger/Bloomberg via Getty Images)

But in addition to the DOJ referral, Hagens Berman has thus far struggled to secure clear victories or settlements in its climate cases and was dealt some legal blows in that realm in recent years.

Efforts to reach a Hagens Berman representative for comment were unsuccessful by press time. 

In 2018, Judge William Alsup, a Clinton appointee, tossed out San Francisco and Oakland’s case, which was brought by Hagens Berman against fossil fuel companies over the alleged effects of climate change. Alsup called the scope of the cities’ claims in that case “breathtaking.”

“It would reach the sale of fossil fuels anywhere in the world, including all past and otherwise lawful sales, where the seller knew that the combustion of fossil fuels contributed to the phenomenon of global warming,” Alsup wrote.

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The cities dropped Hagens Berman as their representation after a series of adverse decisions in that case.

CLIMATE LAWFARE CAMPAIGN DEALT BLOW IN SOUTH CAROLINA

People march as they take part in a strike to demand action on the global climate crisis on Sept. 20, 2019, in New York City. (Spencer Platt/Getty Images)

The law firm also lost in a similar case that same year in New York. In that dismissal, the late Judge John Keenan, a Reagan appointee, again found Hagens Berman’s lawsuit was far too expansive.

“The City has not sued under New York law for claims related to the production of fossil fuels in New York,” Keenan wrote. “The City brings claims for damages caused by global greenhouse gas emissions resulting from the combustion of Defendants’ fossil fuels, which are produced and used ‘worldwide.’”

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The DOJ review, if upheld by the 3rd Circuit, could now overshadow the firm’s more recent endeavors and raises the stakes for the practice as it continues to take on ambitious cases.

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Denver, CO

Broncos healthy compared to Bills

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Broncos healthy compared to Bills


With the Wild Card round of the playoffs officially in the books, the Broncos are looking to welcome the Buffalo Bills to Mile High this Sunday. Things are different this year than they were last year. The Broncos are no longer a team just happy to be there. They’re a 1-seed juggernaut of football awesome, a real force to be reckoned with.

Truth be told, I think playing the Bills was the most ideal outcome for this weekend. After losing to each during the regular season, Denver wanted nothing to do with the Jaguars or the Chargers. While I’m confident the Broncos would have found a way to come out on top against either team, I’m glad this Sunday’s opponent is one Denver didn’t play during the regular season.

Most importantly, the Broncos are not facing the Bills team from last year, they’re facing thes year’s team who featured no fewer than 16-players on the injury report going into their Wild Card tilt. Versus the Jaguars, the Bills suffered further injury to QB Josh Allen (he was one of the 16 listed), RB James Cook, WR Gabe Davis, S Jordan Poyer, and WR Tyrell Shavers.

By the time the Denver Broncos take the field on Sunday, they will have had 14-days rest and has the opportunity to return guys, like Drew Sanders who may come off IR this week, that needed time to heal up to return to the field. The benefit to rest and health can’t be underestimated when you see teams like the Bills staggering into Sunday bandaged and bruised.

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By contrast, the Broncos featured just 6 players on IR before their regular season finale against the Chargers. Sure, the injuries to S PJ Locke, T Garett Bolles, and CAlex Forsyth were less than ideal. We’ll get an idea soon how recovery has gone with the extra week rest, but we all know they’re better off for having the time off.

The playoff bye week is over. It’s time to get to work, Denver. You’ve got the Bills coming into town and it’s your task to show them their way out of town and into the postseason. It’s a tall order, but there’s no better time than the present to show the world exactly who you are.



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Seattle, WA

UPDATE: Another incident reported near ‘the curve’ toward southwest end of westbound West Seattle Bridge

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UPDATE: Another incident reported near ‘the curve’ toward southwest end of westbound West Seattle Bridge


9:38 PM: SPD is arriving at the scene of another incident repoorted near “the curve” by the Walking On Logs/Welcome to West Seattle pullout, on this rainy night. We haven’t seen a visual but emergency radio describes a 1996 Ford Crown Victoria “in the grass” off the road. Apparently no injuries, as SFD has been canceled. No pole or other damage this time, police told dispatch.

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10:23 PM: Officers just told dispatch they’ll be blocking both westbound lanes for a bit while the tow truck driver does their work.

10:50 PM: Both westbound lanes have reopened.





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San Diego, CA

Morning Report: Newsom Pumps the Brakes on Homelessness Funding

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Morning Report: Newsom Pumps the Brakes on Homelessness Funding


During Gov. Gavin Newsom’s final annual address to the Legislature this week, he announced that the state’s principal homelessness program will get $500 million. 

That’s half the $1 billion that has been allocated for the program annually since 2019, reports our Nadia Lathan, except for this year when it was gutted completely. 

Service providers were disappointed by the news. Newsom previously suggested he needs to see more results before committing more dollars. 

But Mayor Todd Gloria is pushing hard to get that cash. He was in Sacramento last week rallying lawmakers to support restoring the funding, Lathan writes. 

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Read more in the Sacramento Report here. 

Gloria is giving his State of the City address this week. We’ll have more deets and a summary for you later this week. 

Last year, he gave his speech from City Hall and declared that this was the “era of austerity” as city leaders faced a $350 million budget deficit. Our Mariana Martínez Barba looked out how the mayor’s plans to “right-size” the ship turned out in 2025. 

Read more here. 

VOSD Podcast: How About Them Parking Fees?

Our podcast crew is back for the new year, and boy has it been a busy controversial week for parking. The city of San Diego rolled out its parking program in Balboa Park last week and backlash from the public and City Council was swift. 

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While some councilmembers wanted the mayor to suspend the fees, he said that wasn’t an option. It all went down in a memo war. The crew digs explains what this means for the city’s budget. 

Also on the podcast, the latest on the legal debacle between the city and people living in their RVs in Mission Bay. The city opened a safe parking lot, H Barracks, in May that would allow police to start ticketing vehicle dwellers in the area. But some people say H Barracks isn’t a viable option for everyone.

Listen to the Podcast here.

In Other News

  • Fundraising for San Diego City Council races is kicking into high gear, with seats up for grabs in Districts 2 and 8. The possible entry of former Coronado Mayor Richard Bailey could shake things up in District 2. (Union-Tribune)
  • Medicaid, the Supplemental Nutrition Program, and other homelessness programs are facing big cuts this year. San Diegans who rely on food assistance, and immigrants who can no longer qualify for the state’s low-cost insurance could be some of the hardest hit. (inewsource)
  • Unemployment across the region went down in November after holiday retail hiring brought the unemployment rate down from 4.9 percent to 4.6 percent. (Union-Tribune)

The Morning Report was written by Mariana Martínez Barba. It was edited by Andrea Sanchez-Villafaña. 



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